S_AGR_2017A 02/02/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
| Date: | 02/02/2017 |
ATTENDANCE
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| Time: | 01:30 PM to 03:55 PM |
Cooke
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X
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Coram
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X
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| Place: | SCR 357 |
Donovan
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*
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Fenberg
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*
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| This Meeting was called to order by |
Fields
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X
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| Senator Sonnenberg |
Garcia
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X
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Jones
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*
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| This Report was prepared by |
Marble
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*
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| David Beaujon |
Scott
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X
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Baumgardner
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X
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Sonnenberg
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| Conf. Water Resources and Power Development Authority Conf: State Board of Stock Inspection Commissioners SB17-049 SB17-050 SB17-090 |
Favorably Refer to Full Senate - Consent Favorably Refer to Full Senate - Consent Postponed Indefinitely Amended, Referred to the Committee of the Whole - Consent Calendar Amended, Referred to the Committee of the Whole |
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01:31 PM -- Confirmation - Water Resources and Power Development Authority
Senator Sonnenberg announced that Steven Price has been appointed by the Governor to the Colorado Water Resources and Power Development Authority and was assigned to the Senate Agriculture, Natural Resources, and Energy Committee for his confirmation hearing on February 2, 2017. The committee will take action on Mr. Price's appointment at a later date to comply with the Senate Rule concerning public notice (Senate Rule 22 (d)). Because he is in attendance at this meeting, Mr. Price will be provided an opportunity to discuss his experience and interest in serving on the authority.
01:32 PM
Michael Broad, Executive Director, Colorado Water Resources and Power Development Authority introduced the Governor's appointments to the authority and discussed the role of the authority.
01:34 PM
Judy Lyn Skram of Fort Collins -- appointed for a term expiring October 1, 2020, to serve as a representative of the South Platte Drainage Basin and as a representative of water project financing -- discussed her experience and interest in serving on the authority (Attachment A).
170202 AttachA.pdf
01:37 PM
Steven D. Price -- appointed as a resident of the City and County of Denver, who has experience in planning and development of water projects -- discussed his experience and interest in serving on the authority (Attachment A). Action on Mr. Price's confirmation is tentatively scheduled for Thursday, February 9.
| BILL: | Conf. Water Resources and Power Development Authority | |
| TIME: | 01:39:23 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer the appointment of Judy Lyn Scran, to the Colorado Water Resources and Power Authority, to the full Senate with a favorable recommendation, and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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Coram
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Yes
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|
Donovan
|
Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
|
Yes
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Garcia
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Yes
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|
Jones
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Yes
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|
Marble
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Yes
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|
Scott
|
Yes
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|
Baumgardner
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Yes
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|
|
Sonnenberg
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:41 PM -- Confirmation - State Board of Stock Inspection Commissioners
Chris Whitney, Director, Brand Inspection Division of the Colorado Department of Agriculture, introduced the Governor's appointment to the Board of Stock Inspection Commissioners and discussed the role of the division and the board.
01:43 PM
Kathie Troudt Riley of Loveland -- reappointed for a term expiring May 1, 2020, to serve as a representative with broad general knowledge of the Colorado Livestock Industry, to represent commodity other than confinement and nonconfinement cattle industries, with the largest percentage of charged fees -- discussed her experience and interest in serving another term on the board (Attachment B).
170202 AttachB.pdf
| BILL: | Conf: State Board of Stock Inspection Commissioners | |
| TIME: | 01:43:59 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer the appointment of Kathie Troudt Riley, to the State Board of Stock Inspection Commissioners to the full Senate with a favorable recommendation, and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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Coram
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Yes
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Donovan
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Yes
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|
Fenberg
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Yes
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|
|
Fields
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Yes
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Garcia
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Yes
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|
|
Jones
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Yes
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|
Marble
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Yes
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|
Scott
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Yes
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|
Baumgardner
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Yes
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|
|
Sonnenberg
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:44 PM
The committee recessed.
01:47 PM -- SB 17-049
The committee returned from recess. Senator Gardner, Prime Sponsor, described the provisions of Senate Bill 17-049 concerning exempt drains and designated groundwater requirements and distributed Amendment L.001 (Attachment C). The bill exempts a drain or system of drains from requiring a well permit and replacement plan if the drain collects and removes groundwater from soil in a residential, commercial, or industrial development, or utility lines installed to serve such a development if the following conditions are met: the drain does not penetrate a confining layer; the removed groundwater is not put to any use other than collecting and removing from soils; and the removed groundwater is discharged where the drain is located within the same designated groundwater basin.
170202 AttachC.pdf
The following persons testified on the bill:
01:52 PM -- Steve Sims, Woodmen Hills Metropolitan District, spoke in support of the bill and responded to questions from the committee about the cost of permits and the bill's fiscal impact. He also discussed the provisions of Amendment L.001 and discussed the Woodmen Hills Metropolitan District that is located in El Paso County.
02:08 PM -- Lisa Thompson, Upper Black Squirrel Ground Water Management District, spoke in opposition to the bill and explained how the drains may injure water rights in the district.
02:12 PM -- Donna Brosemer, Greeley Water Department, spoke in opposition to the bill and explained how the bill shifts the burden of proof in water rights adjudication.
02:14 PM -- Don Shawcroft, Colorado Farm Bureau, spoke in opposition to the bill.
02:16 PM -- Robert Longenbaugh, representing himself, spoke in opposition to the bill and expressed concern about injury to water rights from such drains (Attachment D and E).
170202 AttachD.pdf170202 AttachE.pdf
02:24 PM -- Dan Farmer, Farmer Farms, spoke in opposition to the bill.
02:26 PM -- Tom Sauter, Lost Creek and North Kiowa Bijou groundwater management districts, spoke opposition to the bill.
02:27 PM -- Lyne Bliss, Woodmen Hills Metropolitan District, spoke in support of the bill.
02:29 PM -- Bill Paddock, Meridian Service Metropolitan District, spoke in support of the bill and responded to question from the committee about the bill and the effect of such drains on water rights (Attachment F).
170202 AttachF.pdf
02:36 PM
The chair closed testimony on the bill and Senator Gardner closed his remarks. Senator Gardner also responded to questions from the committee about the bill and prior testimony on it.
02:42 PM -- Mr. Sims returned to respond to questions from the committee about prior testimony on the bill.
02:45 PM
The committee recessed.
02:47 PM
The committee returned from recess.
| BILL: | SB17-049 | |
| TIME: | 02:47:37 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Adopt amendment L.001. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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Donovan
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|
Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-049 | |
| TIME: | 02:47:52 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Refer Senate Bill 17-049, as amended, to the Committee of the Whole. The motion failed on a vote of 1-10. | |
| SECONDED: | ||
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VOTE
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Cooke
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No
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Coram
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No
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Donovan
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No
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Fenberg
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No
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Fields
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No
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Garcia
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No
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Jones
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No
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Marble
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No
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Scott
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No
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Baumgardner
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No
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Sonnenberg
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Yes
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YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-049 | |
| TIME: | 02:48:47 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Postpone Senate Bill 17-049 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Coram
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Donovan
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Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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02:49 PM -- SB 17-050
Senator Cooke, Prime Sponsor, described the provisions of Senate Bill 17-50 concerning the consolidation of Forest Risk & Health Grant Programs and distributed Amendment L.002 (Attachment G). This bill consolidates existing state grant programs related to forest management under the Colorado State Forest Service at Colorado State University and gives it the authority to spend unencumbered balances in certain cash funds. The bill continues until September 1, 2022, and modifies the membership of the Technical Advisory Panel that is scheduled to repeal September 1, 2017.
170202 AttachG.pdf
The following persons testified on the bill:
02:52 PM -- Madeline West, Colorado Department of Natural Resources, spoke in support of the bill and responded to questions from the committee about the bill. She also identified funding history for the Forest Health Restoration Grant and the Wildfire Risk Reduction Grant (Attachment H).
170202 AttachH.pdf
02:56 PM -- Mike Lester, State Forester, Colorado State Forest Service, spoke in support of the bill and discussed projects funded by Forest Health Restoration Grant and the Wildfire Risk Reduction Grant.
02:59 PM -- Aaron Citron, the Nature Conservancy, spoke in support of the bill.
03:03 PM -- Carl Spaulding, Colorado Timber Association, spoke in support of the bill.
03:06 PM -- Scott Segerstrom, Colorado Youth Corps Association, spoke in support of the bill.
03:09 PM -- Christina Burri, Denver Water, spoke in support of the bill.
03:11 PM -- Mike Morgan, Director, Division of Fire Prevention and Control, spoke in support of the bill.
03:13 PM -- Meghan Dollar, Colorado Municipal League, spoke in support of the bill.
03:14 PM -- Megan Davis, Boulder County, spoke in support of the bill.
03:17 PM -- Kelly Campbell, Property and Casualty Insurance, spoke in support of the bill and Amendment L.002.
03:19 PM -- Gerald Gibbens, Northern Colorado Water Conservancy District, spoke in support of the bill.
03:22 PM -- Ted Leighty, Colorado Association of Realtors, spoke in support of the bill.
03:23 PM
The chair closed testimony on the bill and Senator Cooke closed his remarks.
03:24 PM
Tom Morris, OLLS, identified a typographical error on page 2 of Amendment L.002. Line 19 of the amendment should apply to page 9, line 25 of the introduced bill.
| BILL: | SB17-050 | |
| TIME: | 03:25:05 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.002, as amended. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Coram
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Donovan
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|
Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | SB17-050 | |
| TIME: | 03:26:04 PM | |
| MOVED: | Cooke | |
| MOTION: | This is a conceptual amendment to amend page 2 of Amendment L.002, line 19, strike "line 5" and substitute "line 25". The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Cooke
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Coram
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Donovan
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Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-050 | |
| TIME: | 03:26:39 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 17-050, as amended, to the Committee of the Whole, and with a recommendation that it be added to the consent calendar. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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|
|
Coram
|
Yes
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|
|
Donovan
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Yes
|
|
|
Fenberg
|
Yes
|
|
|
Fields
|
Yes
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|
|
Garcia
|
Yes
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|
Jones
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Yes
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Marble
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Yes
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|
Scott
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Yes
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|
Baumgardner
|
Yes
|
|
|
Sonnenberg
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:27 PM -- SB 17-090
Senator Baumgardner, Prime Sponsor, described the provisions of Senate Bill 17-090 concerning the measurement of Delta-9 THC In Industrial Hemp. This bill requires the Colorado Department of Agriculture (CDA) to determine the level of THC in industrial hemp by measuring the combined concentration of THC and tetrahydrocannabinolic acid (THC-A). The Colorado Constitution requires that industrial hemp contain a delta-9 tetrahydrocannibinol (THC) concentration of no more than 0.3 percent on a dry weight basis.
The following persons testified on the bill:
03:30 PM -- Jeannine Machon, Colorado Lab Council and CMT Laboratory, spoke in support of the bill.
03:34 PM -- Cale Bibb, Charlette's Web Hemp, spoke in support of the bill.
03:36 PM -- Grant Orvis, representing himself, spoke in support of the bill and proposed an amendment to the bill. This proposal was included in Amendment L.001 (Attachment I).
170202 AttachI.pdf
03:42 PM -- Duane Sinning, Colorado Department of Agriculture, spoke in support of the bill and responded to questions from the committee about hemp testing.
03:48 PM -- Kara Miller, Marijuana Industry Group, spoke in support of the bill.
03:49 PM
The chair closed testimony on the bill and Senator Baumgardner closed his remarks.
| BILL: | SB17-090 | |
| TIME: | 03:50:34 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | This is a conceptual amendment. Strike the safety clause and substitute an effective date clause. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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|
Donovan
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|
Fenberg
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|
Fields
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|
Garcia
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|
Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:51 PM
Duane Gall, Office of Legislative Legal Services, discussed Amendment L..001 (Attachment I).
| BILL: | SB17-090 | |
| TIME: | 03:52:32 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Adopt Amendment L.001. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Coram
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Donovan
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Fenberg
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Fields
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Garcia
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Jones
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Marble
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Scott
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Baumgardner
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Sonnenberg
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-090 | |
| TIME: | 03:53:53 PM | |
| MOVED: | Baumgardner | |
| MOTION: | Refer Senate Bill 17-090, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | ||
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VOTE
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|
Cooke
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Yes
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|
|
Coram
|
Yes
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|
|
Donovan
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Yes
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|
|
Fenberg
|
Yes
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|
|
Fields
|
Yes
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|
|
Garcia
|
Yes
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|
|
Jones
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Yes
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|
Marble
|
Yes
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|
Scott
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Yes
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|
Baumgardner
|
Yes
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|
|
Sonnenberg
|
Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:55 PM
The committee adjourned.